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Home My WebLink AboutP-21-006 Agreement_Luis A..pdfCONTRACT INFORMATION SHEET DATE: January 7, 2021 Contract No.: P-21-006 Vendor Number: 0000286130 Contract Title: Campground Host at Name/Address: Luis M. Aragon Kearney Park 422 W. Ashcroft (Luis M. Aragon) Fresno, CA 93705 Contract Period: 1/06/2021- 1/05/2024 Contact: Luis M. Aragon Using Agencies: 559-290-6559 Email: Terms: Net 45 Days Total Contract Amt.: $ 2, 700.00 Buyer Name: Chanvathei Lonh Requisition No: 9102100044 Org: 7910 Supersedes: x NEW RENEWAL AMENDMENT TICK DATE REFERENCE (RFQ# / RFP#) DESCRIPTION: 1/06/2021: New agreement with Luis M. Aragon to fill the vacancy as Campground Host at Kearney Park. SPECIAL INSTRUCTIONS: Term: 3 DISTRIBUTION: Completed By: Date: Completed By: Date DEPARTMENT: PW-Parks REQUISITIONER: Christopher Bernal CL 1/7/21 Rev 1/3/2017 DEC-04-2020 12:23 POSTAL ANNEX + STORE 0244 SS9 447 074S P.2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fnnm ;, C81ifamia AGREEMENT THIS AGREEMENT made and entered into this 6th day of January 2021 by and between the COUNTY OF FRESNO, a political subdivision of the State of California, hereinafter "COUNTY", and Luis M. Aragon, 422 W. Ashcroft Ave, Fresno, CA, 93705, Telephone (559) 290-6559, hereinafter "CAMPGROUND HOST . WITNESSETH: WHEREAS, COUNTY has need for persons to act as volunteer campground hosts in County parks; and WHEREAS, CAMPGROUND HOST has agreed to serve in that capacity. NOW, THEREFORE, the parties hereto agree as follows: 1. COUNTY agrees to allow CAMPGROUND HOST to occupy a space at Kearney Park in one existing campsite for CAMPGROUND HOST motor- home/RV. 2. Utilities to the CAMPGROUND HOST campsite must be arranged and paid for by CAMPGROUND HOST after receiving COUNTY'S permission for the utilities to be provided. CAMPGROUND HOST shall be responsible for paying all monthly utility charges. The COUNTY shall reimburse CAMPGROUND HOST for monthly electrical utility charges paid, equal to actual cost or Seventy-Five Dollars ($75.00), whichever is less. CAMPGROUND HOST shall be responsible for payment of that portion of monthly CAMPGROUND HOST electric bills that exceed Seventy-Five Dollars ($75.00). The CAMPGROUND HOST shall submit a copy of the CAMPGROUND HOST monthly electric utility charges within ten (10) days of receipt to the COUNTY for reimbursement. 3. During the term of this AGREEMENT, CAMPGROUND HOST agrees that campsite will be occupied at least thirty (30) hours per week. 4. CAMPGROUND HOST shall owe COUNTY no monetary compensation for the campsite. 5. CAMPGROUND HOST shall perform a minimum of twenty (20) hours of 1 P-21-006 _______ DEC-04-2020 12:23 POSTAL ANNEX + STORE 0244 SS9 447 074S P.3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fre.Ma. Califomi111 Volunteer work per week in the County's park, ten (10) of which shall be between Friday, 12:00 P.M. and Sunday 12:00 P.M. As part of such work CAMPGROUND HOST shall perform ministerial tasks as requested by the COUNTY'S Parks Services Supervisor. Tasks may include, but are not limited to fee collection, litter pick-up, advising visitors of campground rules and restroom stocking. 6. CAMPGROUND HOST will be responsible to immediately report any conduct which CAMPGROUND HOST deems to be improper in the park to either the Fresno County Sheriff at 488-3111 or to County Parks and Grounds officials at 488- 3004. In no event shall CAMPGROUND HOST confront the individuals who appear to be conducting themselves improperly. CAMPGROUND HOST'S sole responsibility is to report such acts to the Sheriff or Parks and Grounds officials. While on duty performing volunteer work on the County's behalf, CAMPGROUND HOST shall wear a COUNTY furnished identification badge. 7. In the performance of the services herein provided for, CAMPGROUND HOST is not an agent or employee of the COUNTY but a volunteer and is to receive no monetary consideration under this AGREEMENT, except as provided in paragraph 2, above. a. This AGREEMENT does not constitute a contract of employment, but Rather a mutual acceptance of the terms under which CAMPGROUND HOST is authorized to locate his or her motor home/RV on specified COUNTY premises. CAMPGROUND HOST is hereby declared to be a volunteer, subject to the same policy provisions as any volunteer. The COUNTY has not adopted a resolution declaring volunteers to be employees for Workers' Compensation purposes pursuant to Labor Code Section 3363.5. b. During the terms of this AGREEMENT, CAMPGROUND HOST shall maintain in force a policy of automobile liability insurance with limits of at least Fifteen Thousand Dollars ($15,000) per person and Thirty Thousand Dollars ($30,000) per accident, and Five Thousand Dollar ($5,000) property damage. 2 DEC-04-2020 12:24 POSTAL ANNEX + STORE 0244 SS9 447 074S P.04 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUlf'IY OF FRE5HO Fresno, : 8. CAMPGROUND HOST shall hold harmless the COUNTY, its officers, agents and Employees from and against the payment of any and all costs and expenses, claims, suits and liability for bodily and personal injury or injury or loss of any property resulting from or arising out of conditions on COUNTY park property. CAMPGROUND HOST agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perform, by CAMPGROUND HOST, his/her officers, agents or employees under this AGREEMENT, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, corporation, or any personal or real property who/that may be injured or damaged by the performance, or failure to perform, of CAMPGROUND HOST, his/her officers, agents or employees under this AGREEMENT. 9. CAMPGROUND HOST shall be authorized to have no more than two dogs and/or one cat and such animals shall at all times be leashed or kept under the control of CAMPGROUND HOST so as not to constitute a nuisance to the users of the park. Other kinds of animals may be kept as pets by CAMPGROUND HOST only with written consent of the COUNTY Resources Manager or Designee. 10. The term of this AGREEMENT shall commence upon execution and shall terminate three (3) years after execution by the COUNTY. a. COUNTY may terminate this AGREEMENT by giving CAMPGROUND HOST ten (10) days written notice to vacate the park by U.S. Mail, postage prepaid, to the address above. CAMPGROUND HOST must remove all of CAMPGROUND HOST'S property from the park within ten (10) days of the date of said notice. The CAMPGROUND HOST shall be obligated to pay the COUNTY rent at the rate of Thirty ($30) Dollars per day for each day that his/her motor home/RV remains upon the property after the date he/she is required to vacate the premises. 3 DEC-04-2020 12=24 POSTAL ANNEX + STORE 0244 SS9 447 074S P.0S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY Of FRESNO FnHino. b. CAMPGROUND HOST may terminate this AGREEMENT and remove the motor home/RV from the County park at any time but shall give the COUNTY written notification of CAMPGROUND HOSTS leaving by U.S. Mail, postage prepaid, addressed as follows: Fresno County Parks, Resources Manager 2220 Tulare Street, 61h Floor Fresno, California 93721 11. At all times during the term of this AGREEMENT, CAMPGROUND HOST Shall abide by all laws and ordinances, including those governing conduct in County parks, and shall not litter or deface any park property in any manner. CAMPGROUND HOST shall be responsible for all costs of repairing damage to COUNTY property caused by CAMPGROUND HOST. 12. Any changes to this AGREEMENT requested either by the COUNTY or CAMPGROUND HOST may only be effected if mutually agreed upon in writing by duly authorized representatives of the parties hereto. 13. Neither the COUNTY nor the CAMPGROUND HOST may assign, transfer, or subcontract their obligations under this AGREEMENT or any rights hereunder without the prior written consent of the other party. 14. GOVERNING LAW: Venue for any action arising out of or related to this AGREEMENT shall only be in Fresno County, California. The rights and obligations of the parties and all interpretation and performance of this AGREEMENT shall be governed in all respects by the laws of the State of California. 15. ENTIRE AGREEMENT: This AGREEMENT constitutes the entire AGREEMENT between the CAMPGROUND HOST and COUNTY with respect to the subject matter hereof and supersedes all previous AGREEMENT negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this AGREEMENT. II 4 DEC-04-2020 12=24 POSTAL ANNEX + STORE 0244 SS9 447 074S P.06 1 IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT 2 as of the day and year first hereinabove written. 3 4 5 6 7 Print Name 8 9 (Signature) 10 11 Print Name COUNTY OF FRESNO PURCHASING Purchasing Manager DATE: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO FNano, C lifomia 422 W. Ashcroft Fresno, CA 93705 Mailing Address FOR ACCOUNTING USE ONLY: FUND NO. 0001 ORG NO. 7910 ACCOUNT NO. 7400 SUBCLASS NO. 10000 PROGRAM NO. 0 C:\Users\Cbemai\Desktop\Camp Hosl20201luis Aragon Agreement 12.3.20.doc 5 TOTAL P.06